Iowa Recent Legal Answers from Lawyers

A United States citizen cannot file an immigrant visa petition on behalf of a parent until he/she reaches the age of 21. Once you are 21 you may file an immigrant visa petition on behalf of your mom. The process your mother will need to go through to obtain a green card will vary depending upon her immigration history including her manner of entry. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

An F-2 holder is not allowed to work, even under an EAD. So if you work under the EAD, you would violate your F-2 status. If you wish to maintain your nonimmigrant status, you should not work.  There does not actually appear to be much controversy over the policy.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Administrative processing can happen for a variety of reasons. Have you tried contacting the U.S. Embassy by phone or email to inquire about the status? If so, what was response? You could also contact your local congressional representative if it has been more than 90 days. The congressperson's office can inquire in your behalf. ... Read More

A) No. Your wife cannot seek to change or extend her status if she has no intention to depart the United States. This will be construed as a material misrepresentation and can lead to a permanent bar to admission. You may rely on a joint sponsor if your income is not sufficient to meet the affidavit of support requirements. B) Possibly. You may be able to use your wife's income or assets to meet the affidavit of support requirements. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read More

It may be possible. You may be required to file for a re-entry permit. This a discussion best had in a consultation. You and the attorney can discuss your needs and devise a strategy that allows you to achieve your immigration goals while being a least disruptive to your business. You can read more about EB-5 at http://myattorneyusa.com/investment-immigration.... Read More

You will likely face secondary inspection. You should travel with a certified copy of the court disposition. So long as you did not previously admit guilt, you should be admitted. You may want to consider consulting an immigration attorney before leaving just to go over what to expect in more detail and for a more thorough assessment.... Read More

When sponsoring someone, it is your annual income that is important. The necessary income will depend upon your household size. You can find the amount required on Form I-864P. You can read more about sponsoring an immigrant at http://myattorneyusa.com/overcoming-presumption-of-public-charge.... Read More

I'm very sorry for your mother's situation, and yours, but the fact that your mother can no longer drive is not a basis for getting out of her lease.  People lease cars for others to drive all the time.  In a similar situation, for example, my mother's home health aide drove her car. ... Read More

It is a very good idea to seek TPS for Nepal if you are eligible. TPS does not prevent you from maintaining your F1 status provided you do work within the requirements of the CPT/OPT even if you obtain EAD based on TPS. TPS is a humanitarian program which can also serve as a valid nonimmigrant status for purposes of Change of Status and Adjustment of Status. It can run in parallel with any other nonimmigrant status including F1.    For more information please see below: http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/special-programs/temporary-protected-status-tps... Read More

Yes, generally you should be entitled to half of any pensions your husband accrued during the marriage. Since you have been married over 10 years you should be entitled to one half of his military pension too. He, of course, should be entitled to 1/2 of any pensions you have accrued during the martriage.... Read More

While I don't know the statute of limitations in Iowa, in most jurisdictions, the statute of limitations for a claim by a minor is tolled during the minority, so that I believe that your daughter would have a certain period of time to sue (not necessarily the entire limitations period) after she turns 18.... Read More

First of all, anyone can sue anyone for anything and it is possible that the association will sue your wife just to put pressure on the two of you, even if it doesn't think it has a great chance to win. In NY (and I assume that Iowa law is similar), spouses are not generally responsible for their spouses individual debts, but there is an exception for what are known as "necessaries."  Thus, your wife would not be responsible to pay if you breach a contract to buy concert tickets, but would be responsible to pay if you breach a contract to pay for emergency lifesaving surgery.  Condo dues, akin to rent, are a close call, and may depend on whether this was your residence (shelter can be considered a "necessary") or just vacant investment property. ... Read More

You should say "yes" to question 23 in the N-400 form. Traffic law violations are generally not looked at to determine good moral character. On the other hand, if you say "no", and U.S.C.I.S. discovers that you have not told the truth, and if it is not timely retracted, you would certainly be looked upon as a person lacking good moral character and not be eligible to file for naturalization again until five years has passed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

U.S.C.I.S. officers almost uniformly wish original certified dispositions of criminal offenses. If you are in another state and cannot go down to the courthouse yourself and require dispositions in a short time period, you may wish to contact a local attorney in New York who can obtain the dispositions for you. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

I'm not familiar with Iowa law, but I don't think the lack of notarization should be a problem, unless your ex claims that his signature was forged.  If so, you can prove that it is his signature by having a handwriting expert compare the signature on the document acknowledging the debt with your ex's genuine signature on other documents.... Read More

The Obama program, Deferred Action for Parental Accountability (DAPA) contemplates putting qualified applicants in a deferred action status for 3 years with work authorization. It does not contemplate having the people obtain green cards. Such would probably be up to Congress to pass such legislation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Generally, when a debtor files a bankruptcy, notifies the mortgage lender of the bankruptcy, and does not sign a reaffirmation agreement with the mortgage lender, then the debtor is discharged from any personal liability for the mortgage loan. However, the real estate is still subject to the mortgage loan security interest. A reaffirmation agreement is an agreement by a chapter 7 debtor to continue paying a dischargeable debt (such as a mortgage loan) after the bankruptcy, usually for the purpose of keeping collateral (i.e. the house) that would otherwise be subject to foreclosure. If a creditor seeks payment from a chapter 7 debtor after the debt was discharged, then the creditor may be in violation of the discharge injunction, and could be subject to sanctions and penalties. References http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx  http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx  http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Glossary.aspx  ... Read More

Iowa Workforce Development states on their website: The most important consideration in determining whether you should get paid for “on call” time is how much your personal activities are restricted. The more they are restricted, the more likely it is that you have a right to pay. For example, if you have to wear a beeper, stay sober, and work only occasionally, you probably are not entitled to pay while not working. You must be paid for actual time worked in any case. References http://www.iowaworkforce.org/labor/wage.htm http://www.iowaworkforce.org/labor/wagefaqs.pdf  ... Read More